Constitutional Damages Worldwide
examines claims for damages for the breach of human rights provisions under constitutions around the globe, including claims for constitutional torts in the United States, claims under the English Human Rights Act
, and claims under the New Zealand Bill of Rights
. It covers case law from more than 30 jurisdictions, including Canada, the Asia-Pacific region, Africa, and the Caribbean, and also claims for just satisfaction under the European Convention on Human Rights.
The book examines the sub-issues that arise in constitutional damages claims, showing how principles from tort law and human rights law can be integrated with constitutional provisions. Chapters focus on the state of mind issue, causation and remoteness, defences, and quantification of damages. Common features from different jurisdictions are noted, as well as some of the more significant variations. The book also explores the social, political and philosophical underpinnings of these claims.
For research purposes, the book is indexed both to the different jurisdictions and also to the concepts involved.
Also available as a hardcover